1. General

 

     Deluxe Teepees ("Party Rental") and renting and/or purchasing party ("Customer") identified in the applicable Deluxe Teepees event rental quotation, order, acknowledgement, invoice, or any other contract or agreement between Deluxe Teepees and Customer (individually and collectively referred to herein as "Contract"), agree to be bound by these Terms and Conditions of Rental and Sale ("Terms") for the materials, goods, and/or products (collectively, the "Goods") rented or sold to Customer pursuant to such Contract. Customer hereby agrees that it will be bound by these Terms and be responsible for orders placed on its behalf by an event coordinator, planner, representative, or agent of Customer, for which such Customer is identified on the Contract, as if such Customer placed such order directly with Deluxe Teepees.

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2. Acceptance/Sole Terms

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     The provisions set forth herein together with the provisions of the Contract constitute all of the terms and conditions for Customer and with Deluxe Teepees with regard to the Goods. Deluxe Teepees acceptance and shipment of Customer’s order (if any) is expressly made conditional on Customer’s assent to these Terms. Any and all terms, conditions, or provisions specified in any quotation or otherwise (whether oral, typed, written, or printed) that in any way change, modify, amplify, differ from, or add to these Terms or Deluxe Teepees Contract, are null and void and of no effect, even if (i) Deluxe Teepees does not expressly object to such terms, conditions, or provisions, or (ii) such terms, conditions, or provisions are specified subsequent to such other documents. Customer hereby agrees that no terms additional to or deviating from these Terms shall become part of the Contract unless and until written acceptance of such additional or deviating terms, signed by an authorized officer of Deluxe Teepees, has been issued to Customer. Customer’s acceptance of any Goods supplied by, or on behalf of, Deluxe Teepees shall, without limitation, also constitute acceptance of these Terms.

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3. Price and Payment

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     Payment is due in United States dollars before the date of service listed on the Contract (invoice). Prices stated are subject to change and Customer agrees that additional payments will be owed and payable to Deluxe Teepees in the event of (i) alterations in specifications, quantities, designs, or delivery schedules or required labor for delivery to specified location(s), (ii) untimely returned or unreturned rented Goods, or rented Goods returned, but in altered or damaged form, and/or (iii) legislation enacted by any level of government, including tax legislation, which increases the cost of producing, warehousing, purchasing, selling, or renting the Goods rented or purchased hereunder. Customer hereby agrees that Deluxe Teepees may charge any credit or debit card or account provided by Customer for any such change in price resulting in a balance owed by Customer to Deluxe Teepees. No discount will be allowed unless specifically set forth on the face of the Contract. Written quotations will automatically expire thirty (30) days after their issuance unless terminated by Deluxe Teepees upon notice to Customer. Deluxe Teepees reserves the right to increase the prices of its rental and sales offerings. The timing and amount of any price increase for any rental or sale Goods will be in the sole and exclusive discretion of Deluxe Teepees. To the extent that a price increase may effect an unexpired written quotation provided by Deluxe Teepees to Customer, Deluxe Teepees may in its sole and exclusive discretion honor such quotation or terminate such quotation by notice to Customer, with or without providing a new quotation to Customer.

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4. Acceptance of Goods, Delivery, and Transportation

     

     Customer shall inspect the Goods at the time of delivery. Unless Customer provides Deluxe Teepees with notice of any claim, shortages of, or defects in the Goods, including without limitation any claim relating to quantity, weight, condition, loss, or damage thereto, at the time of delivery, such Goods shall be deemed finally inspected, checked, and accepted by Customer. The Contract shall specify whether Goods shall be delivered to an indicated address. Deluxe Teepees will determine the point of origin for shipment orders (if any). Deluxe Teepees shall not be responsible for insuring shipments. Customer is responsible for obtaining all permits, licenses, authorizations, and approvals from appropriate parties, companies, and/or government for the lawful and safe use and occupation of the location(s) to which the Goods will be delivered and from which the Goods will be retrieved. Customer is further responsible for providing and obtaining safe and clear access to the delivery and retrieval location(s), including without limitation, ensuring all packaged items are able to be delivered through outside and indoor areas of ingress and egress. Deluxe Teepees may refuse, without penalty to Deluxe Teepees, delivery and/or retrieval of the Goods if Customer fails to provide safe means of ingress and egress.

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5. Title and Risk of Loss

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     Title to any Goods rented to Customer shall remain with Deluxe Teepees. Title to any Goods sold and risk of loss of such Goods passes to Customer upon delivery.

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6. No Warranty

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     Deluxe Teepees provides goods in excellent condition"as is" without any warranty, express or implied, including no warranty for merchantability or fitness for a particular purpose.

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7. Limitation of Liability

 

     Deluxe Teepees liability (whether under the theories of breach of contract or warranty, negligence, strict liability, or otherwise) for the goods shall be limited to repairing or replacing such goods found by Deluxe Teepees to be defective with new or reconditioned goods at Deluxe Teepees discretion, or at its option, to refunding, in partial or full, the rental or purchase price of such goods. The parties hereto expressly agree that customer’s sole and exclusive remedy against Deluxe Teepees shall be for the repair or replacement of the defective goods or, with Deluxe Teepees consent, the refund of the purchase price. Customer hereby agrees that this exclusive remedy shall not be deemed to have failed of its essential purpose so long as Deluxe Teepees is willing and able to repair or replace the defective goods in the prescribed manner or refund the price, in partial or full, for goods covered by the contract.

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8. Disclaimer of Consequential and Incidental Damages

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     In no case will Deluxe Teepees be liable for the cost of procurement of substitute goods, damage to other property, loss of business or profits, loss of production, loss of use, or any other similar or dissimilar consequential, incidental, indirect, punitive, exemplary, or special damages even if Deluxe Teepees has been advised of the possibility of such damages, which customer or any other person, corporation, company, or other entity may suffer or claim to suffer or incur or claim to incur as a result of any defect in the goods. Consequential damages for purposes hereof shall include, without limitation, loss of use, income or profit, or losses sustained as the result of injury (including death) to any person or loss of or damage to property (including, without limitation, property handled or processed by the use of the goods). Customer shall defend, indemnify, and hold Deluxe Teepees harmless against all liability, cost, and expense which may be sustained by Deluxe Teepees on account of any such loss, damage, or injury.

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9. No Insurance

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     Unless otherwise expressly set forth in the Contract, Deluxe Teepees is neither providing, nor offering to provide, directly or indirectly, any first or third-party insurance coverage in connection with the rental or sale of the Goods to Customer.

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10. Taxes

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     Any sales, use, or similar taxes, tariffs, fees, or other levies, taxes, duties, governmental charges, or surcharges now or hereafter imposed under any present or future law in connection with the sale, delivery, use, or rental of the Goods, including without limitation any equipment, accessories, and attachments (including replacements thereof or spare or replacement parts thereof), any installation, repair, maintenance, and instructional services, shall be payable by Customer, and if such taxes or fees are paid or are required to be paid by Deluxe Teepees, the amount thereof shall be added to and become part of the price payable by Customer hereunder.

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11. Pricing

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     Prices stated are based on Deluxe Teepees standard packages plus Add Ons (if any) selected by the Customer. Deluxe Teepees reserves the right to alter, modify, refuse or provide another alternative to requests provided by Customer. 

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12. Delays (Online Orders)

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     Unless expressly specified to the contrary, Goods in stock will be shipped to arrive by the date of delivery. However, all shipping dates are based upon current availability of materials, present production schedules, and prompt receipt of all necessary information. Deluxe Teepees will be not be liable for any damage, loss, fault, or expenses arising out of delays in shipment or other nonperformance of these Terms caused by or imposed by (a) strikes, fires, disasters, riots, terrorist acts, or acts of God, (b) acts of Customer, (c) shortages of labor, fuel, power, materials, supplies, transportation, or manufacturing facilities, (d) governmental action, (e) subcontractor or supplier delay including, but not limited to, failure by subcontractor or supplier to make timely delivery, or (f) any other cause or condition beyond Deluxe Teepees reasonable control. In the event of any such delay or nonperformance, Deluxe Teepees may, at its option and without liability, cancel all or any portion of the contract. Deluxe Teepees will use commercially reasonable efforts to minimize reasonably anticipated delays, but may decline to deliver and/or install Goods if such acts above occur and potentially create unsafe or unsecure delivery or retrieval conditions.

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13. Termination, Cancellation, and Modification

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     Except as otherwise provided herein or in the Contract, orders cannot be terminated, cancelled, or modified, or shipment deferred after acceptance of Customer’s order by Deluxe Teepees, except with Deluxe Teepees written consent and subject to reasonable charges for expenses incurred and work executed by Deluxe Teepees. 

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14. Damage, Destruction, and Loss

Customer acknowledges that in the event any rented Goods (including without limitation the equipment, chinaware, glassware, silverware, and other Party Rental Ltd. property described in the Contract) sustain any damage or destruction or are lost or stolen while under rent to Customer, Customer agrees to pay Party Rental Ltd. the costs for repair or replacement thereof pursuant to Section 3 herein. Customer further agrees to accept full responsibility and liability, and Customer shall defend, indemnify and hold Party Rental Ltd. harmless for any injury to any other person(s), for any damage to the property of any other person(s), and any other loss that may result through the use or misuse of the Goods. Party Rental Ltd. is not responsible for any damage or liability incurred by handling Customer’s or any other person’s personal property.

15. Restocking Fee

Any product deletions or reductions requested the day before delivery will be charged a restocking fee of 50% of the rental cost of items.

16. Return of Rented Goods

Customer shall return all rented Goods to Party Rental Ltd. at the time, date, and place designated in the Contract. Customer shall return all rented Goods in the same condition and manner as Customer received them, including without limitation placed in the same packaging, folded and racked in the same manner, and/or cleaned, rinsed, and wiped down as received. Customer shall be responsible for the safe and secure storage of all rented Goods awaiting retrieval. Customer agrees and acknowledges that if Customer fails to return all rented Goods to Party Rental Ltd. at the time, date, and place designated in the Contract or if Customer fails to make all rented Goods available for pickup at such time, date, and place, then Customer is subject to additional service charges pursuant to Section 3 herein, including without limitation Party Rental Ltd.’s consequential and incidental damages regarding any such attempt by Party Rental Ltd. to retrieve the rented Goods, and the procurement, retail, shipping, handling, fulfillment, and/or replacement of such rented Goods.

17. No Return of Rented Goods

Customer shall not be entitled to return to or obtain a refund from Party Rental Ltd. for any purchased Goods (including without limitation paper napkins, paper plates, and paper cups, unused or otherwise, described in the Contract).

18. Indemnification

Customer shall hold harmless, defend, save, and indemnify Party Rental Ltd. and its agents, employees, officers, directors, and its respective heirs, assigns, successors, and executors from and against any and all liability, claims, demands, whether groundless, false, or fraudulent, costs (including expert and attorney’s fees), damages, losses, judgments, or awards, brought by a third party or parties arising out of or in any way connected with any act or omission of Customer. The duty to defend as provided herein is separate and distinct from the duty to indemnify, and shall arise immediately upon the tender of any third party claim or demand, and shall continue until it is conclusively proven that there is no possibility for indemnity.

19. Intellectual Property

Any trademarks, branding, drawings, designs, and all other intellectual property of Party Rental Ltd. embodied in, displayed on, or otherwise provided in connection with, the Goods or the Contract ("Intellectual Property"), shall remain the sole property of Party Rental Ltd. Without Party Rental Ltd.’s express prior written permission, Customer will not (a) remove, alter, or deface any trademark or branding including with or displayed on the Goods, and (b) reproduce, use, or communicate to third parties of any such intellectual property.

20. No Waiver

Forbearance or failure of Party Rental Ltd. to enforce any of the terms and conditions stated herein, or to exercise any right accruing from default of Customer, shall not affect or impair Party Rental Ltd.’s rights arising from such defaults; nor shall forbearance or failure be deemed a waiver of Party Rental Ltd.’s rights in case of any subsequent default of Customer.

21. Severability

If any provision of these Terms is unenforceable or invalid, these Terms shall be interpreted and enforced to the greatest extent possible as if the unenforceable provision or portion had never been a part hereof.

22. Assignment

These Terms shall be binding upon and shall inure to the benefit of the successors and assigns of Customer and Party Rental Ltd. provided, however, that Customer may not assign or transfer the Contract or these Terms, in whole or in part, except upon the prior written consent of Party Rental Ltd.

23. Governing Law; Venue; Resale

The Contract and these Terms shall be construed in accordance with and governed by the laws of the State of New Jersey, without regard to its conflicts-of-laws rules or principles. All actions or proceedings arising directly or indirectly herefrom or related hereto shall be litigated only in the courts of Essex County in the State of New Jersey. The parties hereby consent to the jurisdiction and venue of such courts.

24. Entire Contract

Customer and Party Rental Ltd. hereby agree that these Terms along with the Contract shall constitute the entire agreement between Customer and Party Rental Ltd. and no prior or contemporaneous oral or written statement, correspondence, sample, or other terms, quotations, or understandings shall modify, alter, or in any way affect the terms thereof.

25. Dye Lot Variances

There may be some variance in color or pattern between batches and dye lots of a product or fabric. Please note that we cannot offer refunds and/or exchanges for any variance-related issues due to the variables that occur during the manufacturing and processing of our products.

26. Substitutions

Should a requested product become unavailable at any time, we reserve the right to substitute alternative products to an order. We will make every effort to provide a substitution comparable in quality or functionality to the requested product.

27. Rental Item Wear

Due to the nature of our business, our items are frequently rented and cleaned. While we strive to give you the best quality products every time, please note that there may be signs of “ordinary wear and tear” and that we cannot guarantee new or like-new quality.